Thursday, June 16, 2011

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Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D

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soni7007

09-15 12:13 PM

I am glad that some of us are positive moving fwd with this idea. There are some other threads talking about other action items (write letters etc.). I think the first thing we need to do is to join hands and then decide a game plan. We need to concentrate the total energy at one point. What do you think?

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vin13

01-16 01:07 PM

Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

I think we are talking of two different aspects.

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copsmart

02-20 08:44 PM

You are not alone�

This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.

How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now?? -a

Hi Martin, Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."

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yabadaba

04-07 09:50 AM

This is the question on the N400 (application for citizenship)

"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."

what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?

Thanks walking_dude in explaining it so well. So, there will be major changes other than the Prez elections this year and next. Lets remain hopeful...:)

There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.

http://www.electoral-vote.com/evp2008/Senate/senate_races.html

And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.

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misha

07-21 01:10 PM

Are you sure about Advance Parole stamp in a passport. I know about Green Card approval stamp in a passport but not AP. Have you ever had that AP stamp experience?

First find the SOC code for the Labor based on which your 485 is pending, Then find the SOC code for new job. If they are same or similar you are fine.

Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.

If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.

NOTE: I am not an attorney, use the info at your own risk.

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indigokiwi

04-15 12:06 PM

Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??

Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info) (Or search for "Immigration Voice Grassroots Campaigns and the community will show up on the search list).

You can check with a lawyer. Visa number is the number on u'r H1b visa stamp in the passport which is on the right bottom and it's in red color.its not the control number

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punjabi77

08-07 10:10 PM

I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check). Well in my case USCIS did not give me any information. So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check. Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that. So i have stopped calling USCIS and directly call the Senator office. Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office. So may be you can try calling the Senator office and ask them to followup with your case.

You need to say "MY priority date is current in March" The current thread title had me thinking there was another July fiasco..

Thanks.

Folks,

Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?

Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

Can someone please help? My EB3 perm took about less than 5 months from pre-app to approval, during which there was about 3 weeks of delay due to my own mistakes.

Pre-app ad campaign for me took the lawyer about < one month for the job description, one month for posting, and two months for interviews and filtering and stuff, maybe another couple of weeks for final prep and filing. It was approved in less than 2 weeks of time.

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TeddyKoochu

09-25 11:30 AM

No worries,

go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

so, this is real cool... thanks for sharing your info...

My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.

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saketkapur

04-21 04:49 PM

Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:

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Beemar

04-02 12:56 AM

Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??

gc_buddy

07-15 12:46 PM

Hi Friends,

My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.

Appreciate any assistance !

vkxml

06-29 02:59 PM

Hi

I am trying to change my I140 regular to I140 premium by completing the I-907 form, so that it can be sent before July 2nd deadline. However, my employer is not willing to proceed as he has recently received an RFE on I140 for one of other employee; he is working on the necessary documentation for that RFE, At this juncture, he says that escalating my I140 would jeopardice the situation.

Still, I am still not convinced; I want him to push it. Will there be any issues for the organization or for me. Any response would be greatly appreciated.